THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
33
threatened and instructed not to write complaints about violations observed,
namely when votes cast in its favour were attributed by the presidential
majority of electoral commissions to the presidential party. Other examples
of abuses could be read into the 28 March 2004 EOM Report (see paragraph
50 above).
99. The composition of the electoral commissions at the time of the
repeat parliamentary election was not, in the applicant party’s view,
independent and impartial and thus contravened Article 3 of Protocol No. 1.
3. The Court’s assessment
100. The Court has often underlined the necessity to maintain the
political neutrality of those civil servants, judges and other persons in State
service who exercise public authority, so as to ensure that all citizens
receive equal and fair treatment that is not vitiated by political
considerations (see Rekvényi v. Hungary [GC], no. 25390/94, §§ 41 and 46,
ECHR 1999-III; Briķe v. Latvia (dec.), no. 47135/99, 29 June 2000; and
Vogt v. Germany, 26 September 1995, § 58, Series A no. 323).
101. As a corollary to the above principle, and recalling that the rights
guaranteed by Article 3 of Protocol No. 1 are crucial to establishing and
preserving the foundations of a meaningful democracy (see Mathieu-Mohin
and Clerfayt v. Belgium, 2 March 1987, § 47, Series A no. 113), the Court
finds it particularly important for an agency in charge of electoral
administration to function in a transparent manner and to maintain
impartiality and independence from political manipulation.
102. The Court notes that the applicant party’s complaint is mostly
based on the arguments that the composition of and decision-making
process within the electoral commissions as such amounted to a violation of
Article 3 of Protocol No. 1.
103. Having examined the relevant electoral legislation of several
Contracting States, the Court comes to the conclusion that there is no
uniform system for the composition and functioning of electoral
administrative bodies in Europe (see paragraphs 58-69 above). There is a
diversity of possible choices in this area. Those choices vary in accordance
with the historical and political factors specific to each State. The Court
therefore considers that the Contracting States should indeed be granted a
margin of appreciation in the sphere of organising their electoral
administrations, as long as the chosen system provides for conditions which
ensure the “free expression of the opinion of the people in the choice of
their legislature” (see, mutatis mutandis, Podkolzina v. Latvia,
no. 46726/99, § 33, ECHR 2002-II).
104. However, while recognising the respondent State’s latitude in
organising its electoral administration, the Court must establish whether
there were any specific acts of the electoral commissions which marred the
applicant party’s right to stand in the repeat parliamentary election of